Connecticut 2016 Regular Session

Connecticut Senate Bill SB00039 Compare Versions

Only one version of the bill is available at this time.
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11 General Assembly Raised Bill No. 39
22 February Session, 2016 LCO No. 491
33 *00491_______LAB*
44 Referred to Committee on LABOR AND PUBLIC EMPLOYEES
55 Introduced by:
66 (LAB)
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88 General Assembly
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1010 Raised Bill No. 39
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1212 February Session, 2016
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1414 LCO No. 491
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1616 *00491_______LAB*
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1818 Referred to Committee on LABOR AND PUBLIC EMPLOYEES
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2020 Introduced by:
2121
2222 (LAB)
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2424 AN ACT CONCERNING THE MINIMUM FAIR WAGE AND EMPLOYEES WHO CUSTOMARILY AND REGULARLY RECEIVE GRATUITIES.
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2626 Be it enacted by the Senate and House of Representatives in General Assembly convened:
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2828 Section 1. Section 31-60 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2016):
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3030 (a) Any employer who pays or agrees to pay to an employee less than the minimum fair wage or overtime wage shall be deemed in violation of the provisions of this part.
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3232 (b) The Labor Commissioner shall adopt such regulations, in accordance with the provisions of chapter 54, as may be appropriate to carry out the purposes of this part. Such regulations may include, but are not limited to, regulations defining and governing an executive, administrative or professional employee and outside salesperson; learners and apprentices, their number, proportion and length of service; and piece rates in relation to time rates; and shall [recognize, as part of the minimum fair wage, gratuities in an amount (1) equal to twenty-nine and three-tenths per cent, and effective January 1, 2009, equal to thirty-one per cent of the minimum fair wage per hour, and effective January 1, 2014, equal to thirty-four and six-tenths per cent of the minimum fair wage per hour, and effective January 1, 2015, equal to thirty-six and eight-tenths per cent of the minimum fair wage per hour for persons, other than bartenders, who are employed in the hotel and restaurant industry, including a hotel restaurant, who customarily and regularly receive gratuities, (2) equal to eight and two-tenths per cent, and effective January 1, 2009, equal to eleven per cent of the minimum fair wage per hour, and effective January 1, 2014, equal to fifteen and six-tenths per cent of the minimum fair wage per hour, and effective January 1, 2015, equal to eighteen and one-half per cent of the minimum fair wage per hour for persons employed as bartenders who customarily and regularly receive gratuities, and (3) not to exceed thirty-five cents per hour in any other industry, and shall also] recognize deductions and allowances for the value of board, in the amount of eighty-five cents for a full meal and forty-five cents for a light meal, lodging, apparel or other items or services supplied by the employer; and other special conditions or circumstances which may be usual in a particular employer-employee relationship. The commissioner may provide, in such regulations, modifications of the minimum fair wage herein established for learners and apprentices; persons under the age of eighteen years; and for such special cases or classes of cases as the commissioner finds appropriate to prevent curtailment of employment opportunities, avoid undue hardship and safeguard the minimum fair wage herein established. Regulations in effect on July 1, 1973, providing for a board deduction and allowance in an amount differing from that provided in this section shall be construed to be amended consistent with this section.
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3434 (c) Regulations adopted by the commissioner pursuant to subsection (b) of this section which define executive, administrative and professional employees shall be updated not later than October 1, 2000, and every four years thereafter, to specify that such persons shall be compensated on a salary basis at a rate determined by the Labor Commissioner.
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3939 This act shall take effect as follows and shall amend the following sections:
4040 Section 1 October 1, 2016 31-60
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4242 This act shall take effect as follows and shall amend the following sections:
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4444 Section 1
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4646 October 1, 2016
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4848 31-60
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5050 Statement of Purpose:
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5252 To improve the financial standing of certain individuals who customarily and regularly receive gratuities by eliminating the tip credit used in the calculation of the minimum fair wage.
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5454 [Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not underlined.]